(영문) 의정부지방법원 2018.04.17 2017고단3627

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.04.17 2017고단3627

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the operation of the Cststren's car.

On June 19, 2017, around 13:15, the Defendant moved to the right bypass of about 30km of Sinyang-si, a company bank prior to the Kanyang-si, a high school located in the area of the Southern-si Police Station.

Since a crosswalk is installed on the front side, in such a case, there was a duty of care to check whether a person engaged in driving service has a way to reduce the speed and to see well the right and the right and the right and the right and the right and the right and the duty of care to drive safely.

Nevertheless, the Defendant neglected this and did not discover the victim D (48 tax) who was standing a road according to the pedestrian signals of the crosswalk due to the negligence of bypassing it, and did not discover the victim D (48 tax) and caused the victim to go beyond the upper part of the victim's body due to the front part of the said car.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, i.e., an injury to the left-hand body of the 12 weeks, such as the upper-hand body of the upper-hand body.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor for a crime;

1. The fact that a serious injury has occurred to the victim due to an accident in the crosswalk due to the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution: Provided, That it shall be taken into account that the victim has agreed with the victim, that the defendant has subscribed to a comprehensive insurance, that the defendant is against the recognition of the instant crime, and that the defendant has no criminal record other than the fine of KRW 5

참조조문

-교통사고처리 특례법 제3조 제1항

-형법 제62조 제1항

-형법 제268조

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